Synagogue wins fight over zoning

Cooper City law overturned

Cooper City cannot ban religious institutions from its business districts, a federal judge ruled on Friday, prompting city officials to consider scrapping part of their zoning laws.

The ruling by U.S. District Judge Cecilia Altonga could clear the way for the Chabad of Nova synagogue to return to the Griffin Road shopping plaza it left because of city rules.

It marks the second time in two years that a federal judge has ruled that a Broward County city's zoning laws discriminate against religious institutions, after another judge's ruling in 2006 that Hollywood improperly barred a synagogue from operating in a city neighborhood.

Altonga's ruling in favor of Chabad of Nova addresses its May 2007 lawsuit that claimed Cooper City uses its zoning laws to discriminate against houses of worship.

"Unless the city chooses to appeal, we will have to bring our zoning codes into compliance," said attorney Michael Burke, who represented Cooper City in the matter.

The Orthodox synagogue said the city had financial motives for keeping tax-exempt religious institutions out of commercial plazas, which city officials denied.

Friday's decision addressed one count in the lawsuit - the definition of public assembly and whether the city was violating a federal act designed to protect religious institutions. But there are at least 10 other counts pending.

On Friday, with his Bible in hand, Rabbi Shmuel Posner said outside the Miami courtroom that he was overjoyed by the ruling and plans to move back to Cooper City.

"We all start in storefronts," said Posner, who in 2005 opened an outreach center in the city's Timberlake plaza. The congregation was forced to leave after three months because city codes exclude houses of worship in the business district. "They said, 'Don't bother us; you can't open,' " Posner said.

Attorney Franklin Zemel, who represents the Chabad, said the codes were biased because vocational schools, day care centers and movie theaters are allowed in the business districts where religious institutions are banned.

Burke argued that the federal definition of public assembly was vague and that the city didn't have financial motives.

Altonga agreed with the Chabad that the city violated the Religious Land Use and Institutionalized Persons Act, passed by Congress in 2000 to ensure religious institutions are being treated on equal terms was violated.

"Schools, day care centers, movie theaters are an assembly use. Unless you separate the patrons, they assemble together for a common purpose," she said.

The city can't appeal the ruling until the other counts are either ruled upon or settled, said attorney Jason Gordon, who is also representing the Chabad.

It is unclear how much the synagogue would seek in damages if the city chooses to settle the suit.

Posner said he did not know when he first moved his center to Cooper City that the code forbids synagogues in shopping plazas and that he pressed the city to relent. When forced to leave, the group moved to 8276 Griffin Road, Davie.

When Cooper City officials would not budge, Posner hired Zemel, who had successfully represented Chabad Lubavitch in its fight to operate a synagogue in two Hollywood Hills homes.

After years of legal wrangling, that synagogue received a $2 million settlement from the city's insurance company and the right to gradually expand without having to apply for a special permit.

Zemel said it shouldn't have taken a lawsuit to prompt Cooper City to address the issue.

"The law is 8 years old but they don't make any effort to come into compliance," Zemel said.

Bob Jarvis, a professor of constitutional law at Nova Southeastern University, said the federal statute on religious land use clearly spells out that religious institutions shouldn't be discriminated against and makes it difficult for cities to argue they were unclear about what constitutes a public assembly.

"I think it's clear that the statute is designed to make sure that what happened here doesn't happen," said Jarvis, who said he wouldn't be surprised if other challenges surface. "Once this lawsuit became known, every house of worship was sort of waiting to see how this would play out."

City leaders, however, say their zoning was put in place to maintain the integrity of the commercial plazas so that tenants are compatible and parking is adequate.

Commissioner Elliot Kleiman said a lot of city laws pre-date the federal statute.

"The intent was never to discriminate against houses of worship but to make the best use of shopping areas for the public," he said.

City commissioners on Tuesday were supposed to vote on an ordinance that would have banned movie theaters, indoor recreation centers and vocational schools from shopping centers. Instead, they delayed a decision, saying they were concerned that the proposed changes had not yet gone before the planning and zoning board.

While some residents agree that standards in the plazas should be kept in place, others say they felt the city should relax its ordinance to allow religious institutions.

"I really think the city picked the wrong battle to litigate," said resident Angel Palank. "Houses of worship give so many services that they create the very lifestyle that families move here for."

Georgia East can be reached at geast@sun-sentinel.com or 954-385-7921.